68th OREGON LEGISLATIVE ASSEMBLY--1995 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 162

                         House Bill 2324

Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Representative Kevin
  Mannix)


                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Creates crimes of engaging in criminal organization activity in
first, second and third degrees. Punishes engaging in criminal
organization activity in first degree by maximum of 20 years'
imprisonment, $300,000 fine, or both. Punishes engaging in
criminal organization activity in second degree by maximum of 10
years' imprisonment, $200,000 fine, or both. Punishes engaging in
criminal organization activity in third degree by maximum of five
years' imprisonment, $100,000 fine, or both. Provides that person
15, 16 or 17 years of age at time person commits crime of
engaging in criminal organization activity in any degree is adult
subject to prosecution as adult. Defines 'criminal organization.
'

                        A BILL FOR AN ACT
Relating to criminal organizations.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + As used in sections 1, 2, 3, 4, 5 and 6 of this
Act:
  (1) 'Communication facility' means any public or private
instrumentality used or useful in the transmission of writing,
signs, signals, pictures or sounds of all kinds and includes, but
is not limited to, mail, telephone, wire and radio.
  (2) 'Criminal organization' means an organization or group,
whether formal or informal, of five or more persons who act
together, or agree to act together, for a period in excess of 30
days, with a purpose that any of those persons alone, or in any
combination, commit two or more predicate crimes. Of the
predicate crimes, one must occur after the effective date of this
section and the last must have occurred within 10 years,
excluding any period of imprisonment, after the commission of a
prior predicate crime.
  (3) 'Predicate crime' includes:
  (a) Any form of murder or attempted murder;
  (b) Manslaughter in the first degree;
  (c) Kidnapping in any degree;
  (d) Robbery in any degree;
  (e) Coercion;
  (f) Hindering prosecution;
  (g) Bribing a witness;
  (h) Tampering with a witness;
  (i) Tampering with physical evidence;
  (j) Manufacture, delivery or possession of a controlled
substance;
  (k) Unlawful possession of a firearm;
  (L) Unlawful possession of a machine gun, short-barreled rifle,
short-barreled shotgun or firearms silencer;
  (m) Unlawful manufacture, import, sale or transfer of a
firearm; or
  (n) A threat to commit a crime listed in paragraphs (a) to (m)
of this subsection. + }
  SECTION 2.  { + (1) A person commits the crime of engaging in
criminal organization activity in the first degree if the person:
  (a) Commits or attempts to commit a predicate crime with the
intent to promote or further the activities of a criminal
organization or for the purpose of gaining entrance to or
maintaining or increasing the person's position in the
organization; or
  (b) Acts together or conspires with a criminal organization
with the intent to commit, or with the intent that any other
person associated with the criminal organization commit, one or
more predicate crimes.
  (2)(a) Engaging in criminal organization activity in the first
degree is a Class A felony.
  (b) Notwithstanding ORS 161.605, upon conviction under this
section:
  (A) A court may impose a sentence of life imprisonment if the
violation is based on a predicate crime for which the maximum
sentence is life imprisonment. The court shall impose a sentence
of not less than 10 years if the defendant is being sentenced for
a crime the maximum sentence for which is life imprisonment and
the defendant previously has been convicted of at least one
predicate crime for which the maximum sentence is life
imprisonment.
  (B) A court shall impose a sentence of not less than 20 years'
imprisonment if the violation is based on a predicate crime of
attempted murder or conspiracy to commit murder.
  (C) A court shall impose a sentence of not less than 15 years'
imprisonment if the defendant, at the time of the offense,
occupied a position of organizer, supervisor or other position of
management in the criminal organization. + }
  SECTION 3.  { + (1) A person commits the crime of engaging in
criminal organization activity in the second degree if the
person:
  (a) Commands, counsels, persuades, induces, entices or coerces
a person to participate in a criminal organization; or
  (b) Employs, uses, commands, counsels, persuades, induces,
entices or coerces a person to commit, cause to commit or
facilitate the commission of a predicate crime with the intent to
promote the activities of a criminal organization, or for the
purpose of gaining entrance to or maintaining or increasing the
person's position in the organization.
  (2)(a) Engaging in criminal organization activity in the second
degree is a Class B felony.
  (b) Upon conviction under this section, the court shall impose
a sentence of at least five years' imprisonment and, if a person
who was the subject of the crime was younger than 18 years of
age, the court shall impose a sentence of 10 years' imprisonment.
A term of imprisonment imposed under this subsection shall run
consecutively to any other term of imprisonment. + }
  SECTION 4.  { + (1) A person commits the crime of engaging in
criminal organization activity in the third degree if the person
uses a communication facility in causing or facilitating the
commission or attempted commission of a predicate crime with the
intent to promote the activities of a criminal organization or

for the purpose of gaining entrance to or maintaining or
increasing the person's position in the organization.
  (2) Engaging in criminal organization activity in the third
degree is a Class C felony. + }
  SECTION 5.  { + Notwithstanding ORS 419C.005, if a person is
15, 16 or 17 years of age at the time the person commits a crime
described in section 2, 3 or 4 of this Act, the person shall be
tried as an adult. + }
  SECTION 6.  { + (1) All real or personal property, including
money, used in the course of, derived from or realized through
conduct in violation of section 2, 3 or 4 of this Act is subject
to civil forfeiture to the state. The state shall dispose of all
forfeited property as soon as commercially feasible. If property
is not exercisable or transferable for value by the state, it
shall expire. All forfeitures or dispositions under this section
shall be made with due provision for the rights of innocent
persons. Forfeited property shall be distributed as follows:
  (a)(A) All moneys and the clear proceeds of all other property
forfeited shall be deposited with the State Treasurer to the
credit of the Common School Fund.
  (B) For purposes of subparagraph (A) of this paragraph, ' clear
proceeds' means proceeds of forfeited property less costs of
maintaining and preserving property pending its sale or other
disposition, less costs of sale or disposition and, if the
Department of Justice has not otherwise recovered its costs and
expenses of the investigation and prosecution leading to the
forfeiture, less 30 percent of the remaining proceeds of the
property that is awarded to the department as reasonable
reimbursement for costs of such investigation and prosecution.
  (b) Any amounts awarded to the Department of Justice pursuant
to paragraph (a) of this subsection shall be deposited in the
Criminal Justice Revolving Account in the State Treasury.
  (2) Property subject to forfeiture under this section may be
seized by a police officer, as defined in ORS 133.525 (2), upon
court process. Seizure without process may be made if:
  (a) The seizure is incident to a lawful arrest or search or an
inspection under an administrative inspection warrant; or
  (b) The property subject to seizure has been the subject of a
prior judgment in favor of the state in a forfeiture proceeding
based upon this section.
  (3) In the event of a seizure under subsection (2) of this
section, a forfeiture proceeding shall be instituted promptly.
Property taken or detained under this section shall not be
subject to replevin, but is deemed to be in the custody of the
police officer making the seizure, subject only to the order of
the court. When property is seized under this section, pending
forfeiture and final disposition, the police officer may:
  (a) Place the property under seal;
  (b) Remove the property to a place designated by the court; or
  (c) Require another agency authorized by law to take custody of
the property and remove it to an appropriate location.
  (4) The Attorney General, any district attorney or any state
agency having jurisdiction over conduct in violation of a
provision of section 2, 3 or 4 of this Act may institute civil
proceedings under this section. In any action brought under this
section, the circuit court shall give priority to the hearing and
determination. Pending final determination, the circuit court may
at any time enter such injunctions, prohibitions or restraining
orders, or take such actions, including the acceptance of
satisfactory performance bonds, as the court may deem proper. The
Attorney General, district attorney or state agency bringing an
action under this section shall be entitled to recover, upon
entry of a final judgment or decree in favor of the state,
attorney fees and costs of investigation and litigation,
reasonably incurred.  Amounts recovered may include costs and

expenses of state and local governmental departments and agencies
incurred in connection with the investigation or litigation. + }
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